Ministry of Health, Labor, and Welfare provides guidance to “spot work” application providers

The Ministry of Health, Labor, and Welfare (MHLW) has issued a directive to an app provider that connects companies and workers to “spot work,” a one-time, short-time job, after the company indefinitely suspended the use of the app by workers. The application is designed to prevent the use of the application indefinitely in the event that an individual fails to report to work without notice, or so-called “AWOL,” and is in violation of the Employment Security Law.
Spot work, also called skim work, matches workers with employers via a smartphone app.

The number of users is growing rapidly, and according to the Spot Work Association, as of October of this year, the total number of workers registered with the four main services reached 20 million. The number has doubled in the past year.

In some cases, these applications have a policy that if an applicant fails to contact the company and is unable to commence work, they will then be unable to apply through the application process indefinitely.

On the other hand, the main application operators are licensed as “fee-charging employment agencies” by the Minister of Health, Labor and Welfare. Based on the Employment Security Law, they must accept all job applications except those with illegal content.
Therefore, the Ministry of Health, Labor and Welfare (MHLW) has instructed some app operators on the grounds that indefinite suspension of use for workers is in violation of the Employment Security Law.

Shigeru Wakita, professor emeritus at Ryukoku University made the following observation: “It is only the companies that seek workers who enter into employment contracts that are able to impose sanctions on the worker. There is no legal basis for penalties such as suspending the use of the app by job seekers imposed by employment agencies that have no employment responsibilities. Restricting the use of the app for late arrivals and cancellations is an attempt to secure convenient workers for the companies, which misunderstands the purpose of the employment agency system.”

October 14, Asahi Newspaper